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Initially valid until Wednesday, December 21, 2022, the United States Supreme Court extended the life of Article 42, a rule imposed by Donald Trump during the pandemic that allows the US government to quickly expel, and for health reasons, the migrants arriving at the border with Mexico. The Biden government continues a policy that violates human rights and violates the Constitution of the United States.
The decision of the United States Supreme Court has impacted the perspective of tens of thousands of people in border areas, such as the Ciudad Juárez (Mexico) – El Paso (USA) axis. This is a decision that violates international law that plunges migrants into uncertainty, and that further worsens the humanitarian crisis on this border. This was denounced by Fernando García, director of the Border Network for Human Rights.
“We have a humanitarian crisis. Thousands of families, of children, women, and men who are on the border on both sides, find themselves in precarious situations, exposed to freezing cold, without basic support such as food or water. And without legal support.”
In an interview with RFI, García explained that this crisis, which extends along and on both sides of the border, increases when the region’s hospital infrastructures are taken into account. “Even though one of those migrants manages to be processed at the border and be in the United States, [esa persona] right now he is sleeping on the street, outside the bus stations,” he said.
The fact that through Article 42 people who request political asylum are being rejected or expelled is “the first violation of their rights,” says García. “We have thousands of dozens of people and their request for asylum has not been heard. And they have been returned to Mexico and other countries, especially Mexico, without protection. So the United States is violating international law and political asylum agreements and protocols.”
“The second,” continues García, “has to do with the legal rights of people who manage to cross the border. They are supposed to have the right to present their case in front of a court. And here they are raping [sus derechos] because they are quickly being expelled without any legal process in the United States: this means that the Constitution of the United States is also being violated.”
Joe Biden promised citizenship reform for millions of migrants, but has always stumbled upon the Senate, where Democrats have a very slim majority. Garcia highlighted the hope that President Biden’s administration would be more humane towards the border and towards migrants. “However, it was the president himself, through the United States Department of Justice, who challenged the elimination of Article 42, it was not only the Republican governors but the administration itself that has decided to continue implementing it.”
The President of the United States will meet with his Mexican counterpart in January 2023.
